The case of Ryan v. Attorney General involved a challenge to the constitutional validity of the Health (Fluoridation of Water Supplies) Act, 1960, which provided the legislative basis for the fluoridation of the public water supply. While the importance of this case in the history of water fluoridation is well known, its contribution to constitutional law in this country may not be as widely ap...

Constitutional theorists and other constitutional commentators make heavy use of a paradigm that mistakes certain aspects of our current constitutional decisionmaking process for inherent parts of our constitutional structure and ignores other important aspects of that process entirely. These distortions and elisions raise concerns about the accuracy of much descriptive constitutional commentar...

THEODORE J. WEIMAN On July 22, 2004, the House of Representatives passed the Marriage Protection Act of 2004, a bill that would strip the federal courts of jurisdiction over cases challenging the constitutionality of the 1996 Defense of Marriage Act. Two months later, the House passed a similar bill that would curtail federal court jurisdiction for challenges to the constitutionality of the Ple...